The Indian Express ·
Crime, law and justice
Court video clips: Supreme Court asks petitioner to first seek takedown under IT Act
On July 31, the court clarified that while the directive does not alter the reporting of court proceedings by recognised news outlets, media organisations are also prohibited from publishing audio or video clips.
The Supreme Court Wednesday asked a petitioner alleging violation of its order banning the uploading of court video clips on social media to first approach online intermediaries to have the content taken down before seeking judicial intervention.
A three-judge bench, presided over by Chief Justice of India (CJI) Surya Kant, heard a plea by lawyer Bhanu Pratap Mehta who said video clips of his appearance in a bail matter were posted online in violation of the Supreme Court’s July 24 order.
The July 24 order states, “There shall be no extraction, dissemination, monetisation, posting, re-posting, uploading, transmitting, modification, storing, or hosting of the audio-video recording(s) of the judicial proceedings on social media or any other digital platforms without prior permission of the Secretary General of the Supreme Court of India or the Registrar Generals of the jurisdictional High Courts.”
On July 31, the court clarified that while the directive does not alter the reporting of court proceedings by recognised news outlets, media organisations are also prohibited from publishing audio or video clips.
During Wednesday’s hearing, the petitioner’s counsel told the bench also comprising Justices Joymalya Bagchi and V Mohana that clips of the lawyer appearing in court were uploaded on August 20, which amounted to direct violation of the court’s prohibition.
He sought directions to Facebook, X, Instagram, LinkedIn, Google, YouTube, and a law news portal to take down the content.
Elaborating, the counsel said, “My profession will be hampered… These are people who are creating nuisance… I was just appearing in court in relation to my father’s bail. That video is uploaded.”
The CJI responded, “You are not saying that they fabricated the video. You are not saying that they used AI or anything to harm your reputation or cause damage…We can understand if somebody commits contempt of our July order.”
Meanwhile, Justice Bagchi asked the petitioner first to explore the remedy available under the Information Technology Act, 2000. “Take necessary steps for getting takedown orders under the IT Act. If the takedown orders are not complied with, come to us. First exhaust your legal remedies before coming to us,” he said.
The CJI said counsel could issue a notice saying that uploading it already amounts to contempt and an invasion of privacy, and ask them to take it down.
Agreeing, the counsel urged the court to keep the matter pending in the meantime. However, Justice Bagchi said, “This is a premature petition… We had intentionally not issued any direction to intermediaries because Section 69 of the IT Act takes care of such requirements. When we make a declaration of law, it becomes a prohibition on publication and circulation by an intermediary.”